Finding 485752 (2023-001)

Significant Deficiency Repeat Finding
Requirement
P
Questioned Costs
-
Year
2023
Accepted
2024-09-05
Audit: 318591
Organization: Pilgrim Towers, Inc. (CT)
Auditor: Whittlesey PC

AI Summary

  • Core Issue: The Agency has not documented the repayment status of the Flexible Subsidy Loan, leading to a potential default situation.
  • Impacted Requirements: The loan terms require immediate repayment upon payoff of the HUD Section 202 mortgage, which occurred in November 2016.
  • Recommended Follow-Up: The Agency should contact its HUD field representative to clarify the next steps for resolving the repayment of the Flexible Subsidy Loan.

Finding Text

S3800-010 Finding reference number: 2023-001 S3800-011 Title and CFDA Flexible Subsidy Loan: 14.164 S3800-015 Type of Finding: FA S3800-016 Finding resolution status: In process S3800-019 Identification of repeat finding: 2022-002 S3800-020 Criteria: The Flexible Subsidy Loan "Residual Receipts Note" clause 3(a) cites that the entire principal together with interest is immediately due and payable when the HUD Section 202 mortgage is paid off. S3800-030 Statement of Condition: During our audit for the year ended December 31, 2021, we inquired and requested documentation regarding the repayment status of the Flexible Subsidy Loan from the Agency's officers and from its management company. The Agency did not have documentation regarding the mortgage status of the Flexible Subsidy Loan available since the HUD Section 202 mortgage was paid off in November 2016. S3800-032 Cause: The Agency is waiting for a response from HUD as to their inquiry regarding the repayment of the Flexible Subsidy Loan. S3800-033 Effect of Potential Effect: Based on the literal terms of the Flexible Subsidy Loan, the Agency appears to be in default as it has not established repayment with HUD. S3800-035 Auditor non-compliance code: S S3800-040 Amount of questioned costs: $0 S3800-045 Reporting Views of Responsible Officials: We continue to follow up, as we diligently have over many recent months, starting in 2008. Most recently, via an attorney, who, like Pilgrim Towers, has not been able to elicit any response from HUD to resolve this matter. S3800-037 FHA/Contract number: CT26M000251 S3800-038 Questioned Costs: $0 S3800-050 Context: It has been brought to the Agency's attention that the repayment of the HUD Section 202 mortgage that they would need to contact their HUD field representative regarding repayment of the Flexible Subsidy Loan. S3800-080 Recommendation: We recommend that the Agency follow up with its HUD field representative to determine the next steps regarding the repayment terms of the Flexible Subsidy Loan. S3800-090 Auditor's Summary of the Auditee's Comments on the Findings and Recommendations: We recommend that the Agency follow up with its HUD field representative to determine the next steps regarding the repayment terms of the Flexible Subsidy Loan. S3800-130 Response Indicator: A S3800-140 Completion date of proposed recommendation: December 31, 2024 S3800-150 Response: We continue to follow up, as we diligently have over many recent months, starting in 2008. Most recently, via an attorney, who, like Pilgrim Towers, has not been able to elicit any response from HUD to resolve this matter.

Corrective Action Plan

Finding Reference Number: 2023-001 Description of Finding: During our audit for the year ended December 31, 2023, we inquired and requested documentation regarding the repayment status of the Flexible Subsidy Loan from the Agency's officers and from its management company. The Agency did not have documentation regarding the mortgage status of the Flexible Subsidy Loan available since the HUD Section 202 mortgage was paid off in November 2016. Statement of Concurrence or Nonconcurrence: We are in agreement with this finding. Corrective Action: King's Daughters and Sons Management Company, Pilgrim Towers' new management agent as of 4/1/2024, has engaged with HUD's Northeast Multifamily Asset Resolution Specialist Branch to explore any statutory or regulatory options for loan deferral as part of a preservation transaction. These conversations are ongoing and a DRAFT proposal for loan deferral under HUD Notice 2011-05 has been submitted to that division. Name of Contact Person: Pat Thatcher, Board Treasurer patthatcher1@gmail.com 203-451-1090 Projected Completion Date: Anticipated to be competed in 2024.

Categories

HUD Housing Programs Cash Management Reporting Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 485753 2023-002
    Significant Deficiency
  • 1062194 2023-001
    Significant Deficiency Repeat
  • 1062195 2023-002
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
14.218 Community Development Block Grants/entitlement Grants $1.63M
14.239 Home Investment Partnerships Program $800,000
14.164 Flexible Subsidy Loan (section 201) $373,400
14.856 Lower Income Housing Assistance Program_section 8 Moderate Rehabilitation $339,711
14.191 Multifamily Housing Service Coordinators $56,847